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Loss of Consortium Damages Stemming from a Car Accident

When a party has lost someone they love in an accident, they might find that it is challenging to keep up with the bills. In most states, surviving family members are entitled to what is known as ‘loss of consortium’ damages. These types of damages are meant to compensate only victims who have suffered the loss of someone important in their life and are unlike any other type of damage typically found in a personal injury claim.

What Is Loss of Consortium Damages?

Loss of consortium damages is brought by a spouse or family member who has lost somebody after another party has acted negligently. These damages are brought when a person who was injured or killed is no longer able to provide for their family or show affection to a loved one. The spouse or family member who brings this type of claim will be awarded the damages and not the actual victim themselves. These damages are typically only given out when somebody has either been killed or suffered a severe and long-lasting injury.

Loss of consortium is known as a type of damage known as ‘general damages,’ which means that it is non-economic in nature. There are many other types of general damages that individuals may find that they are eligible for including pain and suffering, mental anguish, loss of reputation, loss of companionship, and emotional distress among many others. These damages are unlike many others because they are left to the discretion of a judge or jury to figure out what is owed to a victim. They can be challenging to quantify and so a judge will have to use their best judgment to arrive at a fair number.

Who is Permitted to Bring a Loss of Consortium Claim?  

Spouses: Spouses were only permitted to bring these claims in the past but this has changed in the past few years. Now, spouses, domestic partners, and many other individuals are permitted to bring these claims on behalf of losing their spouse or not being able to enjoy the same activities they used to. 

Children: Children are permitted to bring a claim if they have lost a parent. This is due to the fact that a child cannot receive the same care from a parent who has been severely injured or has died.

Parents: The same can be said when a parent loses a child due to a severe and unexpected accident. The parent must be able to show that the loss of their child or their injuries was enough to alter their relationship in some way.

Bringing a Successful Loss of Consortium Claim

When you bring a loss of consortium claim, the private details of your life will likely be brought to life. Many people do not understand the enormous impact that this could have on you. Having an attorney on your side will lessen the impact that this can have on your life. If you have been injured in a serious Florida car accident, it is essential that you speak with an attorney at Sheftall & Associates about your options. Please contact our law firm in Florida to find out how you can receive the compensation you deserve at 904-647-2296.